MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2828, 20 July 1916, Page 9

MAGISTRATE'S COURT

NAIRN STREET TRAGEDY

DE VOIN CHARGED WITH MURDER Mr. W. G. ltiddell, -S.M., presided at the Magistrate's Court yesterday when the circumstances attenuing the Nairn Street tragedy were revived. Ernest Charles Jewell De Voin was charged with the murder of Louisa White. Mr. V. R. Meredith, of the Crown Law Office, prosecuted, and Mr. T. M. Wilford, instructed by Messrs. Perry and Linklater, appeared -for the defence. The incidents connected with the tragedy are well known. De Voin and his fiancee, Louisa White, were out for a walk on the evening of March 27, and went to the Nairn Street Reserve, where, about 10 p.m., those in the neighbourhood heard shots fired, and a woman's screams, investigations showed that De Voin and Louisa White had bullet wounds, and they were removed to the Hospital. Louisa 'White lingered in the institution, and died there on May 14. De Voiu was previously charged with attempted murder and was committed for trial, and yesterday the major charge was preferred against him. Mr. Wilford suggested that as the evidence in the present case would b» prac.ticftlij on the lines of that given when the previous charge was heard, it would save a great deal of time if the depositions of witnesses wero read over to them and retyped. : This coures was adopted. Counsel for tho Crown - brought out little fresh evidence, and Mr. Wilford asked very few questions. ■ The following new witnesses were called for the prosecution:— William Woolaston Cook, of the New Zealand Registrar General s Office, produced the marriage certificate of Ernest Charles Jewell De Voin .Maria Bailey, which marriage took place at Auckland on October 2, 1914. Clara Temperley, keeper of a registry office at 102 Willis Street, said that she knew Mrs. De Voin, who came to the office in February, ■ 1916, seeking a . position for a married couple. On one occasion Mrs. De Voin brought accused into the office, and spoke of him as her husband. Accused said he wan quite willing that his wife should take a position, and that ho would not interfere with her in any way. Constable Frederick Wood, of Foxton, said he knew the accused, who was working in a flaimill in his district in September and October last, and before that he was an assistant cook and waiter. Accused never had a hairdresser's and tobacconist's shop in Foxton. Erdly Buckeridge, hotel manager at iho Junction Hotel, Sanson, said ho knew Mrs. De Voiu, who was working at the hotel, and slept at tho hotel on tho night of March 27. - Tisdnll, gunsmith, Lairibton Quay, gave expert evidence regarding the bullet found in the body of Louisa White. This concluded the evidence. Accused then made a statement in iTr-!, SKid that he ' wrote to ' Mr. Wilford from the gaol, telling him that ho could not get proper medical treatment, and when the gaoler got the letter ho brought it back to accused and said he could not send it out as it was criticising the gaol surgeon. He had spoken to Mr. Wilford witli tho object or haying an operation performed to extract the bullet lodged in his head. He sll im greatly from, headaches. J lie accused was then formally committed for trial at the Supreme Court.

POLICE CASES. - 11 Idcloll, S.M., dealt irith the lollowing police cases:— hornao Forsyth, with- three previous convictions for drunkenness, was again before the Court on a similar charge, and II as lined 205., also -Is. medical expenses, tho alternative being seven days' imprisonment. John Wilson, with one previous conviction, was filled -10s., with the option of li-1 -hours' imprisonment. Arthur Dish'er was convicted on' a charge of disorderly behaviour while drunk, and was fined 205., in default threo days' imprisonment. Norman Bruco Doig and Charles Frederick George Tapp, charged with absconding from the Hoys' Weraroa Training Farm on July 10,"werd'convicted and ordered to bo returned to'the institution.

Angus Sinclair, on a charge of assaultHolme, proprietor of the Strand Cafe, Lambton Quay, who refused to servo accused with supper because of the language ho was using, was convicted and fined 405., default being fixed at seven days imprisonment. _Charles Charat for whom Mr. T. M. Wilford appeared, was charged with lecuiving .513 lis. 9d. on terms reouiring him to account for'same to William Henry James, and fraudulently omitting to do so. Mv. Wilford, on behalf of accused, pleaded guilty, and put in a strong plea for leniency. The accused had a good character, but having a cick wife and child and his earnings being very small the temptation to uso the money was very strong. Tho Magistrate adopted counsel's suggestion, and the accused was convicted ami ordered to como up for sentence when called upou, 'tho money misappropriated to be refunded within one month.

The charge against James Henry Bray of theft of patent medicines from Sliarland and-Co., Ltd., of tho value of ;Sl5O, and the cases against John Thomas Morris, Edward Hellawell, and .lames Connor, charged with receiving patent medicines and other goods, knowing the same to have been dishonestly obtained, were all adjourned to July 20, on the same bail as previously fixed in each case. ■ James Joseph Eccles and Audrey le Vcre, the'latter being the wife of'tne former, were-charged with falsely applying to lire extinguishers the trade mark Ajax. Jlr. T. M. Wilfoi-.1, who appeared for l>oth accused, asked for a remand, which was granted to July 26.

liichard James Davis, charged with being an idle and disorderly person, with no visible means of support, was remanded to July 2li, and Joseph Garver and Alfred Irison, charged- with theft, were also remanded.